GURDEV SINGH Vs. HARBANS LAL

JUDGEMENT

(1.) INSPECTOR Harbans Lal, C.I A., and Sub -Inspector Abnash Singh C.I.A., Respondents, are present. Sub -Inspector has produced the detenue. He is a small child of 12 or 13 years. He is said to have been arrested under Section 54, Criminal Procedure Code, on the suspicion of having committed an offence punishable under Section 9 of the Opium Act, 1878 (Act I of 1878)

(2.) THE report of the Commissioner appointed by the court has been received. According to the report, Sub -Inspector Abnash Singh was found sitting naked outside his place, drinking something along with two constables and torturing some detenue. He denied the presence of Kulwant Singh detenue in the C.I A, Staff premises. On his father shouting for Kulwant Singh, the child came out of the residential premises of Sub -Inspector Abnash Singh. The child told the Commissioner that he had been detained since 24th June, 1969. The Sub -Inspector states that the boy was arrested only yesterday. I am unable to believe that the child was taken in custody only on 26th June, 1969 and not on 24th June, 1969. This petition was prepared on 25th June, 1969 Gurdev Singh father of the Petitioner swore the affidavit in support of the petition on the same date. The petition came up for hearing before me on the same date. The petition came up for hearing before me on 26th June, 1969 during Court hours. These facts are wholly inconsistent with the detenue having been taken into custody in the evening of 26th Tune, 1969. Once it is held, as I have found, that Kulwant Singh was taken into custody by the Respondents on 24th June, 1969 his detention after 25th June, 1969 without his having been produced before the nearest Magistrate is violative of the fundamental right of the detenue guaranteed to him by Clause 2 of Article 22 of the Constitution and is, therefore, wholly illegal. This petition must, therefore, be allowed. The rule is accordingly made absolute and the detenue is directed to be set at liberty forthwith.